HomeMy WebLinkAboutC2018-094 - 1/24/2018 - NA CITY OF CORPUS CHRISTI
AMENDMENT NO. 3
CONTRACT FOR REPRESENTATIVE SERVICES
E16247 Construction Inspection Staff Augmentation (Jose DeLeon)
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director)and LNV, Inc., a Texas corporation, 801 Navigation,Suite 300, Corpus Christi, Nueces County,
Texas 78408, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY ASSURANCE 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V INSURANCE REQUIREMENTS 5
ARTICLE VI INDEMNIFICATION 5
ARTICLE VII TERMINATION OF AGREEMENT 6
ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6
ARTICLE IX OWNER REMEDIES 7
ARTICLE X CONSULTANT REMEDIES 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7
ARTICLE XII MISCELLANEOUS PROVISIONS 9
EXHIBITS
2018-094
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ARTICLE I—SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XII of this
Agreement.
1.2 Consultant shall comply with City standards,as specified in the Unified Development Code(UDC)or Code
of Ordinances at the time of the execution of the contract,throughout the duration of the Project,unless specifically
and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by
either party to deviate from City standards after the contract is executed must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City
with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed
by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by
the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work.
1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to
assist City and design consultants in determining if the work is in general proceeding in accordance with
construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall
Consultant have authority over or responsibility for the means, methods,techniques,sequences or procedures of
construction selected or used by any contractor, for security or safety at the Site, for safety precautions and
programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and
regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither
guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and
perform the work in accordance with the construction documents.
1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations.
Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only
the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall
note the deficiency and action taken in the daily report.
1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or
construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate
contractor's suggestions for modification to the construction documents and report such suggestions to the City.
1.9 Consultant shall review applications for payment with contractor for compliance with the established
procedure for their submission and forward with recommendations to City and design consultant,noting particularly
the relationship of payment requested to the schedule of values,Work completed, and materials and equipment
delivered at the Site but not incorporated in the Work.
1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the
City or through the contractor as may be required in the construction documents. Consultant will witness on-site
testing,review the results of the tests and notify the City of test results that do not meet the minimum requirements
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of the construction documents. Consultant will observe, record and report to the City and design consultants
appropriate details relative to the test procedures and system start-ups.
1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format
requested by the City. Reports shall include weather,site conditions,general observations,contractor's activities,
data relative to questions of change orders,field orders,work change directives,field conditions or decisions made.
1.12 Consultant will attend meetings with the City,design consultants and contractor,such as pre-construction
conferences, progress meetings,job conferences and other project related meetings as requested by the City.
1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine
substantial completion,and assist in determination of substantial completion and preparation of lists of items to be
completed or corrected. Consultant will participate in a final site visit with the City, design consultants and
contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied.
Consultant will assist the City in determining whether all items on the final list have been completed or corrected
and make recommendations to the City and design consultants concerning final acceptance.
1.14 Consultant shall not:
1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment
(including "or-equal"items).
1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers.
1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of contractors work.
1.14.4 Advise on, issue directions regarding or assume control over security or safety practices,
precautions,traffic controls,erosion controls or any programs in connection with the activities or operations
of contractor.
ARTICLE II —QUALITY ASSURANCE
2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to
retain a separate consultant to perform additional services for the City.
2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work
satisfies applicable industry quality standards and meet the requirements of the Project scope.
ARTICLE III—COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $49,500 for a total restated fee not to exceed $394,780.
3.2 The Consultant's fee will be on a time and materials(T&M)basis as detailed in ExhibitA and will be full and
total compensation for all services and for all expenses incurred in performing these services.
3.3 The Director of Engineering Services may request the Consultant to undertake additional services ortasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of
notice if a task requested requires an additional fee.
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3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The
invoice shall include documentation that shows who worked on the Project,the number of hours that each individual
worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in
response to Consultant's monthly invoices.
3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.7 City may withhold compensation to such extent as may be necessary,in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.7.1 delays in the performance of Consultant's work;
3.7.2 failure of Consultant tomake payments to subconsultants or vendors for labor, materials or
equipment;
3.7.3 damage to City; or
3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City,
Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and
follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate
and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of 11 weeks beginning on the Effective Date. The-Agreement-maybe
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4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perforin and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project,in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultants
ability to complete the services to be provided under this agreement. The Consultant must notify the City within
three business days of becoming aware of a factor that may affect the Consultants ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement.
ARTICLE V— INSURANCE REQUIREMENTS
5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
5.2 Insurance Requirements are shown in Exhibit C.
ARTICLE VI —INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees or other entity, excluding the engineer or architect or that person's
agent,employee or subconsultant,over which the City exercises control("Indemnitee")from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court cost. Consultant must advise City in writing within 24 hours of any claim or demand against
City or Consultant known to Consultant related to or arising out of Consultant's activities under
this Agreement.
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ARTICLE VII —TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If
Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently
cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
7.3 Termination Procedure
7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
- notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement.
7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation. There will be no compensation for anticipated profits on services not completed.
7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE VIII —RIGHT OF REVIEW AND AUDIT
8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records fora minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
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8.2 Consultants records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts,commitments, arrangements, notes, daily
diaries, reports,drawings,receipts,vouchers,memoranda,time sheets,payroll records,policies,procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultants regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees,deemed necessary by City or its designee(s),
to perform such audit,inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX—OWNER REMEDIES
9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the
Consultant to the extent that the financial losses are greater than the City would have originally paid had
there not been errors and/or omissions in the documents.
9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE X—CONSULTANT REMEDIES
10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consuilani s reasonable control.
10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XI —CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
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(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to(i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Mediation.
11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant shall proceed
diligently with performance of the Agreement,and City shall continue to make payments in accordance with
this Agreement.
11.2 Mediation
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing,and shall request that the mediation commence
no less than thirty(30)or more than ninety(90) calendar days following the date of the
request, except upon agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
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11.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
11.4 In case of litigation between the parties,Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement. Both Parties expressly waive their right to a trial by jury.
11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XII —MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement to any other person and/or party without the prior written consent of the other party,except for routine
duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under
this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the
partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City
may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without
written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment, including
the rate of compensation, has been approved in writing by the City.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by
Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent professionals practicing under the same or similar
circumstances;and performed as expeditiously as is prudent considering the ordinary professional skill and care of
a competent inspector.
12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form,attached-as-€xhibit-D.
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12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement, and attach tho Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties"with
respect to entities that enter into contracts with cities that exceed $50,000.These interested parties include:
(1) persons with a "controlling interest" in the entity,which includes:
a. an ownership interest or participating interest in a business entity by virtue of units,percentage,shares,
stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business entity of which the board or
other governing body is composed of not more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service as one of the four
officers most highly compensated by a business entity that has more than four officers; or
(2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a
governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business
entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.uslwhatsnewlelf_info_form1295.htm. The form must then be printed, signed,
notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secreta ry/conflict-d isclosu re/index.
12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of anyArticle,
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other
document prepared by Consultant and included herein,is in conflict with this Agreement,this Agreement shall take
precedence and control to resolve said conflict.
Page 10 Rev.07116
N%ENGINEERING DATAEXCHANGEIVELMAP ENGINEERINC SERVICES DEPARTMENTECONSTRUCTION INSPECTION STAFF AUGMENTATION-RFP NO.2015-0ILLNV JOSE
DELEONWMENDMENT ND.]LNV JOSE DELEON12017•02 OS CONTRACT REPRESENTATIVE SERVICES.DOC
CITY OF CORPUS CHRISTI LNV NAO ,,,, ,oe ./
1 ‘t)rjloji C i Rbae, /ALi- -
Margie C.Tkose, Date Dan 7111" '�!' er, P. E. Date
City Manager President
801 Navigation, Suite 300
V �j Corpus Christi, TX 78408
•- /�' ( /$ (361) 883-1984 Office
Mark Van lec �j ate danl@Invinc.com
Assistant City .nailer
Al I I ., ,& i. 1 10,000
le e H. Gra P. E. Date
E*—utive Direc , o - •lic Wo s
�.
��' ew
Jeff . Edmonds, P. E. R-te l/
Director of Engineering Services
APPROVED AS TO LEGAL FORM
ice , . 2018.01.12 13:45:21 -06'00'
Assistant City Attorney Date
ATTEST ^ p�J
41'p° i.�C/71 l" 1 /36iLV.j1s?Zi
Secretary Date
Page 11 Rev.07/18
K:ENGINEERING DA TAEXCMANGEIVELMAPIENGINEERING SERVICES DEPARTMENTICONSTRUCTON INSPECTION STAFF AUGMENTATION-RFP NO 2013-07LLNV JOSE
DELEOMAMEIOMENT NO 3 LNV JOSE OELEOM2017-02-03 CONTRACT REPRESENTATIVE SERVICES DOC
•
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Construction Inspection Staff Augmentation(Jose DeLeon) [RFP No. 2015-07]
Project Number E16247
Amendment No. 3
Fund Name Accounting Account Activity Account Amount
Unit Category
Wastewater 20128 RVBD 4249-042 550910 E16247-01-4249-EXP 50910 $49,500
Total $49,500
Page 12 Rea 07/16
N\ENGINEERING DATAEXCHANGE\VELMA%ENGINEERING SERVICES DEPARTMENTCONSTRUCTION INSPECTION STAFF AUGMENTATIONRFPNO.2015 0TLLNV JOSE
DELEON\AMENDMENT NO LNV JOSE DELEON\2017O2.03 CONTRACT REPRESENTATIVE SERVICES 000
LNV
engineers i architects I surveyors
December 12, 2017
Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard Street
Corpus Christi,Texas 78401
RE: City of Corpus Christi Construction Inspection Staff Augmentation Services (Jose DeLeon)
City Project No. E16247
Contract Amendment No. 3
Dear Mr. Edmonds,
As per the City's request, we are proposing the following contract amendment in the amount of
S49,500 to account for construction inspection services to be provided by our inspector Mr. Jose
DeLeon.
The City of Corpus Christi Engineering Services will determine the specific project(s) where the
construction inspection services of this contract amendment will be implemented. The man hour
and fee breakdown for the services is provided in Attachment A.
It is assumed that that this contract amendment of$49,500 will initiate the startup of our services
over the next II weeks while a larger contract proposal is being processed and prepared to be
approved by City Council in order to continue providing services past this small contract amount.
If you have any questions or need any additional information, please feel free to contact me via
phone at 361-883-1984 or email me at LoganB(rillnvinv.com.
Regards,
LNV Inc.
TBPE Firm No. F-366
,//� ;
Folz Logan : • on, P.E.
Principal/ Vice President
AMEND. NO. 3
801 NAVIGATION BLVD. I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 EXHIBIT "A"
P:361-883-1984 I F:361-883-1986 I WWW.LNVINC.COM Page 1 of 2
engineers I architects I surveyors
Attachment A
Man Hour and Fee Breakdown
Dcscripuon I low r]v Rasa Noidlours Par Tolal ITunlian Total Dur olion haal Co+t
VAcck f AVcc1,- Illour;1
Construction $102 44 lI 485 $49,500
Inspection Services
AMEND. NO. 3
801 NAVIGATION BLVD. I SUITE 300 I CORPUS CHRISTI,TEXAS 78408 EXHIBIT "A"
P:361-8834984 I F:361-883-1986 I WWW.LNVJNC COM Page 2 of 2
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EXHIBIT B
PAYMENT REQUEST
COMPLETE PROJECT NAME
Project No.XXXX
Invoice No.12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Inspection Services: Contract Amd No.1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete
Consultant Fees $49,40000 $0.00 $0.00 $49,400.00 $5,200.00 $0.00 $5200.00 $44,200.00 10.5%
Hours@$65/hr(John Doe) 760.00 0.00 0.00 760.00 80.00 0.00 80.00 680.00 10.5%
Notes:
If needed, update this sample form based on the contract requirements. I EXHIBIT"B"
If applicable,refer to the contract for information on what to include with time and materials(T&M). •g•I of I
•
•
EXHIBIT C
Insurance Requirements
Staff Augmentation Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
Rev 07/16
EXHIBIT "C"
Page 1 of 3
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WORKERS' COMPENSATION Statutory
(All States Endorsement if Company is
not domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Applicable for paid employees, Consultant must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Consultant will be promptly
met. An All States Endorsement shall be required if Consultant is not domiciled in the
State of Texas.
1.5 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultants sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant
is required to provide City with renewal Certificates.
1.6 Consultant shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.7 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.7.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception
of the workers' compensation policy;
Rev 07/16
EXHIBIT "C"
Page 2 of 3
1.7.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.7.3 Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
1.7.4 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.9 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.10 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1.11 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
Rev 07/16
EXHIBIT "C"
Page 3 of 3